LA Scum

Icey77

I thought that death was an acceptable reason for a contract to end?

The girl concerned is not able to carry out her contractual obligations because she has died. Not exactly her fault.

Any legal eagles about to tell us about contract law?

Jorgan_2

Icey77 wrote: »

I thought that death was an acceptable reason for a contract to end?

The girl concerned is not able to carry out her contractual obligations because she has died. Not exactly her fault.

Any legal eagles about to tell us about contract law?

No idea on contract law. Is the contract between the girl, her parents and the landlord? If so then would the contract still remain?

jamescredmond

abaxas wrote: »

Sorry but I'm with the LA on this one.

Financial transactions should NOT invlove any feeling and should be black and white. This way everyone gets equality and understands where they are.

They owe the money, they should pay.

and there was me thinking it was the spirit of the law and not the letter...

if I was the father I'd allow them court time. and man would I publicise the fact.

but I guess the father is too distraught to think straight, the poor b*****d.
I hope he takes advice similar to that offered on this thread.

and ignores any observations such as yours.

lostinrates

Yes, I rather thought death was a factor acknowledged by the law of England and Wales (not sure about Ireland!) for termination of contract. It would be interesting to know for sure.

Its absolutley horrible, but part of me does feel for the LL too in a time of immevse financial gloom. If the property is in a university town then I presume that lettings are sort of organised till next September for the bulk of his market, and if he's up against the wall then its simply ghastly luck for him. I would have thought a period of grace from both parties might be an idea. The parents to cover the next month to give him time to try and relet or otherwise juggle his finances. I imagine money is the last concern on the mind of the poor parents right now, and clearing her room etc must be horrid for them too.

Horrid, horrid situation all round.

tbs624

Whatever the law says, its a hideous way for a LA/LL to behave in these particular circumstances. Makes you wonder if they've also harrassed other tenants in the same property for the rent shortfall if they were all on a joint and several AST.

I would, as others have said, make sure that there was maximum press coverage. Having said that when you've lost a member of your family you really can't think straight, but I think I'd shove all the info in the direction of others and ask them to take it on for me. Years ago the local students would have organised a campaign against this sort of thing - I can only hope that the students of Liverpool Hope University highlight it locally and the LA/LL come to their senses.

owitemisermusa

abaxas wrote: »

Sorry but I'm with the LA on this one.

Financial transactions should NOT invlove any feeling and should be black and white. This way everyone gets equality and understands where they are.

They owe the money, they should pay.

Are you serious? I disagree. SO instead of searching for a tenant, they should bleed the grieving parents till the end of the tenancy?

In bankruptcy the debt is written off so why not in something as final as death?

Shame, shame!

Maybe tenants should ask for a release clause to be inserted into ASTs as follows: "my obligations cease in the event of my death"

Shame, shame!

CYBERCIDERSAVER

abaxas wrote: »

Sorry but I'm with the LA on this one.

Financial transactions should NOT invlove any feeling and should be black and white. This way everyone gets equality and understands where they are.

They owe the money, they should pay.

Just because the law says that you CAN chase the parents for payment, doesn't mean you HAVE to.

I'm sure the landlord sleeps quite soundly knowing that he is "right". irrespective of the fact that he is harrassing parents who have lost their child. No one should have to go through that....

People have a go at the "ASBO" generation for not caring about others. But why should kids care about others when adults act in such an uncompassionate way?

bandraoi

I thought all contracts are terminated by the death of a signatory.
ie the contract is now unenforceable.

http://consumer-law.lawyers.com/Contract-Termination.html

Impossibility of performance can terminate a contract if an unforeseen contingency prevents the performance of the contract. For example, you contract with a famous painter to do your portrait and the famous painter dies. The obligation to paint your portrait cannot be completed. The contract to paint your portrait is terminated by impossibility of performance.

neverdespairgirl

abaxas wrote: »

Sorry but I'm with the LA on this one.

Financial transactions should NOT invlove any feeling and should be black and white. .

I couldn't agree less. Financial transactions are not wholly apart from humanity - or shouldn't be. Otherwise, there's nothing wrong with exploitation, paying starvation wages, child labour, etc.

sarah86_2

wud i be right in thinking that it would be in the tenancy agreement wot would happen in the event of the death of the tenant?